Georgia Divorce & Family Law – Frequently Asked Questions

1) How can a marriage be dissolved in Georgia?

In Georgia, marriage can be dissolved administratively at a Public Service Hall (PSH) when spouses agree and there are no disputes, or by court if there is any disagreement (custody, property, support). A court decision must then be registered at the Agency to take effect. 

2) What are the typical steps for an uncontested (administrative) divorce?

Spouses (or their legal representatives) file a joint statement at a PSH/State Services Development Agency branch. Where both consent and no disputes exist, PSH can register the divorce; otherwise, the matter goes to court. 

3) Can I divorce through a representative without traveling to Georgia?

Yes. If the marriage was registered in Georgia and both spouses agree with no financial/custody disputes, a notarized/apostilled Power of Attorney may allow a local representative to handle the process. 

4) What if we disagree about children or property?

Any dispute about children (custody/visitation/child support) or property requires court proceedings. Only after the court resolves disputes can the divorce be registered. 

5) Is there any restriction on filing during pregnancy?

Under Georgian practice, the husband may not file for divorce without the wife’s consent during pregnancy and within one year after birth.

6) What documents are typically needed for an administrative divorce?

Passports/IDs, Georgian marriage certificate, and (when represented) an appropriately notarized and apostilled Power of Attorney; translations may be required depending on language of documents. PSH provides civil status services at dedicated branches. 

7) How is child custody decided in Georgia?

Courts apply the child’s best interests as the guiding principle. The Civil Code sets equal parental rights and requires decisions that account for the child’s welfare and development. 

8) What is the standard for “best interests of the child” in Georgian law?

The Civil Code provides that parents have equal rights and duties and must act in the child’s best interests; courts consider those interests when deciding residence, contact, and related issues. 

9) Can a notary register a divorce?

Yes, within delegated competence, a notary may register a divorce; however, disputes still require court adjudication before registration. 

10) How is marital property divided?

As a default, property acquired during marriage constitutes joint (community) property of spouses and is divided by the court, with the court able to adjust shares considering specific circumstances (e.g., children living with one parent, dissipation). 

11) What counts as separate property?

Assets owned before marriage and property received as inheritance or personal gift typically remain a spouse’s separate property (not part of the divisible marital mass). 

12) Will joint debts also be divided?

Yes. Joint debts of spouses are divided pro rata to their shares; the Civil Code sets specific rules on allocation and recovery. 

13) Can we use a prenuptial or marital agreement to set property rules?

Yes. Spouses may opt out of the default regime by concluding a marital agreement (before or after marriage) governing property relations. 

14) How are child support obligations handled?

Parents have a statutory duty to maintain their children; child support may be agreed or set by the court based on the child’s needs and parents’ means, enforceable under Georgian law. 

15) Is “spousal support” (alimony between spouses) common in Georgia?

Georgian practice focuses primarily on child maintenance. Spousal maintenance may be addressed by agreement or particular court determinations in limited contexts, but the routine, long-term “alimony” models familiar in some jurisdictions are not typical in Georgia. 

16) Do we need to register a court divorce with the Agency?

Yes. A court decision on divorce must be registered with the State Services Development Agency/PSH; termination of marriage takes effect upon registration.

17) Can foreigners marry and divorce in Georgia—and is it recognized abroad?

Georgia allows foreign nationals to marry and (if eligible) divorce under Georgian procedures; Georgian civil status documents are widely recognized internationally, subject to apostille/legalization rules of the receiving country.

18) What if only one spouse wants the divorce?

One spouse may file in court. The court will examine evidence on children, property, and other disputes, and issue a decision that can be registered to dissolve the marriage. 

19) How long does an administrative divorce take vs. a court divorce?

Administrative divorces can be relatively quick when paperwork is complete and there is full consent; court timelines vary with complexity, evidence, expert involvement, and hearings. (Your lawyer can estimate based on case specifics.) 

20) Can I check or update my civil status records online?

Georgia’s e-government and PSH systems centralize civil status services. Depending on the service, online tools and PSH counters are available for records and registrations. 

21) What role does your firm play in settlement and mediation?

Our team prioritizes negotiated solutions where possible—aiming to protect children, resolve property transparently, and reduce conflict and cost—before proceeding to litigation when needed. 

22) We married in Georgia but now live abroad—can we still divorce here?

Yes. If the marriage was registered in Georgia and the eligibility criteria are met, a remote administrative divorce via POA is often feasible; contested matters still require court litigation. 

23) What happens to the child’s residence and contact after divorce?

Parents may agree; if they cannot, the court determines the child’s residence and contact schedule based on best interests, ensuring both parents’ rights and duties are respected. 

24) Can a notary or PSH proceed if there is an active dispute?

No. Any dispute (custody, property, maintenance) must be resolved by a court first; administrative registration is possible only once disputes are settled or if both spouses jointly apply without disputes. 

25) Why work with DivorceLawyers.ge?

We combine PSH procedure know-how with strong courtroom practice (custody evidence, expert workups, and property tracing) to deliver clear strategies for local and international families in Georgia.